Q: Do siblings have a priority right to serve as Personal Representative of an intestate estate in North Carolina?

A: Priority over who? The statute below sets for the the order of priority. Basically, its the spouse and then the children and then anybody else. If the children cannot decide then any of them can apply for letters and if any object they can file objections and then the court will decide.

The administrator's job is to figure out what the deceased owned, what was owed, to pay the just debts and distribute what is left to the heirs. The administrator does not get a bigger piece of the pie, although the administrator can receive a commission. Depending on what was owned and owed, this may or may not be a difficult job. Ideally, the person in charge (assuming they are not otherwise disqualified) should be someone who lives where the estate is pending, who is conscientious about doing the things that need done in a timely and correct manner and someone who will make sure that the heirs get their respective shares fairly. Since their may be some financial things, it should be someone who is good with money too.

§ 28A?4?1. Order of persons qualified to serve.

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(b) Letters of Administration. – Letters of administration shall be granted to persons who are qualified to serve, in the following order, unless the clerk of superior court in the discretion of the clerk of superior court determines that the best interests of the estate otherwise require:

(1) The surviving spouse of the decedent;

(2) Any devisee of the testator;

(3) Any heir of the decedent;

(3a) Any next of kin, with a person who is of a closer kinship as computed pursuant to G.S. 104A?1 having priority;

(4) Any creditor to whom the decedent became obligated prior to the decedent's death;

(5) Any person of good character residing in the county who applies therefor; and

(6) Any other person of good character not disqualified under G.S. 28A?4?2.

When applicants are equally entitled, letters shall be granted to the applicant who, in the judgment of the clerk of superior court, is most likely to administer the estate advantageously, or they may be granted to any two or more of such applicants.

(c) Any interested person may file a petition pursuant to Article 2 of this Chapter alleging that all or any of the persons described in subsection (b) of this section is disqualified in accordance with G.S. 28A?4?2.